Understanding Net Neutrality and Anti-Government Regulation

If you're plugged in and tuned in to topics related to government regulation of the internet, you have probably heard the term net neutrality. If you find the term confusing, join the club. Most people have never heard of it, and even fewer people understand it.

With net neutrality all internet traffic is treated equally. If you are part of an access network run by a company that owns a certain news station, for example, with net neutrality, that company cannot block access to other news stations.

Most internet users would agree that net neutrality is a good thing, providing unfettered access to everything the internet has to offer and whatever the end user chooses to see, hear, or listen to.

The Daily Show's faux news correspondent John Hodgman describes it best in this video:

The
problem, as the Court of Appeals has decided and Electronic Frontier
Foundation legal analyst Fred von Lohmann points
out, is that giving the FCC power to regulate the internet could
set a dangerous precedent ultimately resulting in less net neutrality
and more government control over internet access. Moreover, government
regulation would likely stymie internet growth and development.

What
the FCC attempted to do was circumvent restrictions on its own
authority by relying on its "ancillary jurisdiction." As von Lohmann
reveals, the FCC feels that it can use its ancillary jurisdiction to
"[...]regulate without waiting for Congress so long as the regulations
are related to something else that Congress told us to do...."

Besides,
government regulation is not necessary in maintaining net neutrality.
The market has an excellent track record of policing itself and
enforcing net neutrality. News of violations spread like wildfire on the
internet, and companies who commit these violations are bludgeoned in
the court of public opinion. As a result, very few serious violations
arise, and they certainly do not rise to a level that we need
legislation or FCC action to correct it.

For
these reasons and others, it's very easy to understand how someone can
be pro net neutrality and anti-government-regulation . . . which is where I
stand, too.

What do you
think?

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